Deputy President Rigathi Gachagua has weighed in on a petition that seeks to block the implementation of Nairobi Governor Johnson Sakaja's school feeding programme.
Gachagua on Friday called on the courts to put into consideration the reality of the challenges affecting the education sector in the country.
This is after a petitioner, Tunza Mtoto coalition moved to court arguing that it's not the mandate of a devolved unit.
But Gachagua has noted that many children especially in Nairobi miss school due to their inability to get food and said the feeding programme is an innovative way to ensure enrollment is higher.
"In the city of Nairobi, many children do not go to school for lacking food and the Governor of Nairobi in a very creative manner came up with a school feeding programme to feed pupils in those schools to encourage higher enrolment,” Gachagua said.
“We request our courts even as they enforce the law, as they interpret the law, to take judicial notice of the reality of the country that we live in,” he added.
The High Court officially received the petition on Friday last week and Lady Justice M Thande said the matter will be mentioned on July 27, 2023, for directions.
In the petition, Tunza Mtoto Coalition Executive Director Janet Muthoni Ouko had asked the court through a notice of motion to bar Sakaja from utilising any of the allocated Dishi na County programmes.
She also argued that the formulation and implementation of policies in regard to basic education are performed by the national government.
“No legal Notice was ever published authorising the transfer and delegation of powers, functions and competencies of the national government function in respect to primary schools to the County Government," the petition reads.
According to Sakaja, it will cost Sh5 for school children in public schools and ECDEs within Nairobi to get free meals in the next financial year 2023-24.
